Pennell
as Library explored further
By
Elizabeth Prata
Gray--The Council met Monday night and discussed the
concept of moving the current Library in the 1920
old Hancock School to the 1888 Pennell Institute on
Main Street. If the Attorney General deems it acceptable
to transfer the overarching trust from the Board of
SAD Directors to the Gray Public Library Association,
a tax-exempt non-profit organization with an educational
mission, the Town of Gray would then lease the building
from the GPLA for a fee over 99 years and operate
the library. Above, Pennell Institute
The Attorney General had previously disallowed the
transfer of the Pennell Educational trust to the Town
because the Town does not have an educational mission
as stipulated in the trust. The AG governs trusts
in the State of Maine. He also stated that the trust
also must be maintained as an asset and could not
be traded for free but sold or swapped for fair market
value.
The Pennell building needs almost two million dollars
of refurbishment before the Library could move in
there. There are still legal questions that need to
be answered, several of which were raised at the Monday
meeting.
Vice-Chair Lynn Olson said that the building would
turn over to the GPLA and it would be the responsibility
of the GPLA to maintain the building with the town
paying for operating expenses. Council Chair Pam Wilkinson
noted that the operating expenses would be left as
a line item in the municipal budget, though the GPLA
would technically own the building.
Councilor Matt Sturgis asked about the encumbrance
on the property above the trust, after the lease term
is ended, if it was dissolved.
Councilor Gary Foster said that he read the will and
other documents and that each time the trust is transferred,
the trust is watered down. "Why, if we are preserving
intent, are we choosing to comply with the parts that
benefit us but not with the others?" He cited
some examples of the watering down over time that
had given him cause for concern.
Manager Mitchell A. Berkowitz explained that there
were some strictures that do not fit with the current
law, such as using the building for religious education.
Other definitions had loosened as time progressed
from the original 1888 trust and will outline, he
said.
The Town will present a non-binding referendum that
has draft language such as "Do you support the
leasing [by the town from the GPLA] for a public library
with the continued use and operation at the town's
expense to benefit the Gray community?" Ms. Olson
said that she would like language stating that a "refurbished
building" be included in the referendum. There
is no cost language associated with the referendum.
The non-binding referendum is intended to test the
public's interest in this option as a solution to
solve the "what to do with Pennell" problem
that has plagued the School Department and Town of
Gray for several years.
The Town will collect its legal questions and present
them to the GPLA and their own town Attorney. They
will and await direction from the Attorney General
to see of the concept will pass muster, They will
present the non-binding referendum to the voters in
June.
GPLA member Ray Clark said he was growing concerned
with the time lag. He wanted it concluded faster,
preferably before June 14 when a new Council is elected.
"A new Council might not be bound to vote for
this," Mr. Clark said.
Mr. Foster said that they would not be able to receive
an answer from the AG sooner than 30 days, and that
the referendum had to be held on election day, June
14, anyway.
The trust has several other assets that come with
it as well. The Pennell Building is the main asset,
but the neighboring Anderson Lab, and five acres of
property come with it also. The town has a related
trust of $30,000 that is supposed to be dedicated
to fuel and salaries and would also transfer to the
GPLA.
If the Library does move to the Pennell building,
there is no word from the Council as to what would
become of the 1920 historic Hancock building the library
currently occupies. The Town also has owned the old
Post Office or two years, originally described to
the voters as a use for an expanded Town office.
The Council will discuss their Pennell deliberations
at the Tuesday, May 17 meeting and explain more about
the non-binding referendum.
